Delhi District Court
State vs . Mohd. Faridul Islam on 2 May, 2023
IN THE COURT OF SH. SANJAY KHANAGWAL
ASJ-02: NEW DELHI DISTRICT:
PATIALA HOUSE COURTS, DELHI
Date of Judgment: 02.05.2023
FIR No. 32/2013
PS: Special Cell
U/s: 489B/489C/120B IPC
SC No. 186/2013
Unique case ID NO.: DLND01-000587-2013
Case No. 8997/2016
COMPLAINANT State
REPRESENTED BY State
ACCUSED
1. Mohd. Faridul
Islam
S/o Md. Maksud
R/o Vill Hosnaba, P.S
Kaliachak, District
Malda, West Bengal.
(Already convicted on
plea of guilt vide order
dated 06.09.2017)
2. Kunj Bihari Pandey
S/o Shiv Poojan Pandey
R/o Vill. Akhtiyrpur, P.S
Garkha, Distt. Chhapra,
Bihar.
3. Safiq-ul-Alam
S/o Abdul Hayum
R/o VPO Gwalpara,
Distt. Malda, West
Bengal.
4. Shahjahan
s/o Md. Tajamuddin
R/o Vill Chota
Mahidipur, P.S
Kaliachak, District
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 1 of 45
Malda, West Bengal.
(Already convicted on
plea of guilt vide order
dated 27.02.2018)
REPRESENTED BY Sh. Suresh Sisodia,
Ld. LAC for accused
Safiq-Ul-Alam.
Sh. Jitender Tiwari
Ld. Counsel for
accused Kunj Bihari
Pandey.
Date of Offence 01.09.2013
Date of FIR 01.09.2013
Date of Charge-sheet 30.10.2013
Date of Framing of Charges 10.01.2014
Date of commencement of evidence 05.02.2014
Date on which judgment is reserved 15.04.2023
Date of the Judgment 02.05.2023.
Final Order Acquitted
DETAILS OF ACCUSED :-
Rank of Name of Date of Arrest Date of Offences Whether Sentence Period of
Accused Accused Release charged Acquitted imposed Detention
on Bail with or convicted Undergon
e during
Trial for
purpose
of section
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 2 of 45
428,
Cr.P.C.
Private Kunj 01/02.09.13 26.08.14 120B/489 Acquitted -- --
job Bihari B/489C
Pandey IPC
01/02.09.13 16.09.14 120B/489
Auto Safiq-ul- B/489C
driver Alam IPC
LIST OF PROSECUTION / DEFENCE / COURT WITNESSES
A. PROSECUTION
RANK NAME NATURE OF
EVIDENCE
(EYE WITNESS,
POLICE WITNESS,
EXPERT WITNESS,
MEDICAL WITNESS,
PANCH WITNESS.
OTHER WITNESS)
Owner of Mother Satish With regard to handing
Dairy booth Kumar over FICN of Rs1000/-by
accused Faridul Islam.
(PW1)
ASI Krishan Duty Officer. (PW2)
Pal
Landlord of accused Ravinder With regard to tenant
Kunj Bihari Singh verification form. (PW3)
Public Witness Vasudev With regard to seizure
Mukherjee memo of FICN from
accused Kunj Bihari.
(PW4)
ASI Udaivir Witness to raid. (PW5)
Landlord of accused Roshan With regard to tenancy of
Safiq-ul Alam Yadav accused. (PW6)
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 3 of 45
ASI Kishna Witness to raid. (PW7)
Ram
Owner of Paan shop Sapna With regard to handing
Gupta over FICN of Rs1000/-by
accused Faridul Islam.
(PW8)
TSR driver Virender With regard to handing
Mehto over FICN of Rs.1000/-
by accused Faridul Islam.
(PW9)
Public witness Pintoo With regard to
Kumar identification of accused
person and seizure memo.
(PW10)
Owner of Paan shop Harish With regard to handing
Kumar over FICN of Rs1000/-by
accused Faridul Islam.
(PW11)
Nodal Officer, Anuj With regard to mobile
Vodafone Bhatia phone details. (PW12)
Nodal Officer, Rajeev With regard to mobile
Reliance Sharda phone details. (PW13)
SI Shahjahan Witness to raid. (PW14)
Fruit vendor Amar With regard to handing
Nath over FICN of Rs1000/-by
accused Faridul Islam.
(PW15)
Ahlmad Pankaj With regard to case file of
Bharti FIR no. 27/2013, PS
Special Cell. (PW 16)
Hardware shop Satender With regard to handing
owner Sharma over FICN of Rs1000/-by
accused Faridul Islam.
(PW17)
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 4 of 45
Sweet shop owner Umesh With regard to handing
Kumar over FICN of Rs1000/-by
accused Faridul Islam.
(PW18)
Constable Abdul With regard to
Ahad transcription of mobile
Khan phones of the accused
persons. (PW19)
Public witness Sirajuddin With regard to sim used
by accused Faridul Islam.
(PW20)
Assistant Manager Sachin With regard to bank
Axis Bank Yadav account details of accused
persons. (PW21)
Officer, Axis Bank Harsh With regard to bank
Sharma account details of accused
persons. (PW22)
Nodal Officer, Airtel Surender With regard to mobile
Kumar phone details. (PW 23)
Constable Sanjit With regard to deposit of
Dabas exhibits in FSL. (PW24)
Assistant Director, Dr. C. P. With regard to voice
FSL Singh samples of accused
persons. (PW24)
Sales Officer, Axis Bishambh- With regard to bank
Bank ar Nath details of Mosa Nurika
Parveen and accused
Sajahan. (PW25)
Sales Officer, Axis Himanshu With regard to bank
Bank transactions by accused
persons. (PW26)
SI Vivek With regard to JC remand
Singh of accused Shahjahan.
(PW27)
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 5 of 45
SSO (Documents), Alok With regard to
FSL Kumar examination of FICN and
Mehta documents. (PW28)
ASI Sanjiv MHC(M) (PW29)
Constable Harish With regard to deposit of
Kumar pulandas in CFSL.
(PW30)
SI Maninder IO of the case. (PW31)
Singh
Retired Principal Archna With regard to
Secretary (Home) Arora interception of mobile
phones. (PW32)
B. DEFENCE WITNESS, IF ANY :- NA
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE
WITNESS, EXPERT
WITNESS, MEDICAL
WITNESS, PANCH WITNESS.
OTHER WITNESS)
NIL
C. COURT WITNESSES, IF ANY :- NA
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE
WITNESS, EXPERT
WITNESS, MEDICAL
WITNESS, PANCH WITNESS.
OTHER WITNESS)
NIL
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 6 of 45
LIST OF PROSECUTION / DEFENCE / COURT EXHIBITS
A. PROSECUTION :-
Sr. No. Exhibit Number Description
1 Ex. PW2/A Copy of FIR
2. Ex. PW2/B Rukka
3. Ex. PW3/A Tenant Verification
form.
4. Ex. PW4/A Seizure memo of bag
5. Ex. PW5/A1 to A5 List of FICN
6. Ex. PW5/B Seizure memo
7. Ex. PW5/C1 to C5 Pointing out memos
of accused Faridul
Islam.
8. Ex. PW5/D Pointing out memo of
accused Kunj Bihari.
9. Ex. PW 7/A Site Plan
10. Ex. PW7/B Arrest memo of
accused Faridul
11. Ex. PW7/C Personal search mem
of accused Faridul.
12. Ex. PW7/D Disclosure statement
of Faridul
13. Ex. PW7/E Seizure memo of
train tickets.
14. Ex. PW7/E1 Seizure memo of
samsung mobile
phone, 4 sims and 2
GB memory card.
15. Ex. PW7/E2 Seizure memo of 7
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 7 of 45
pay-in slips.
16. Ex. PW7/F List of FICN
17. Ex. PW7/G Seizure memo of
FICN wad from
accused Safiqul.
18. Ex. PW7/H Arrest memo of
Safiqul
19. Ex. PW7/I Personal search
memo
20. Ex. PW 7/J Disclosure statement
of accused Safiqul.
21. Ex. PW7/J1 Seizure of Nokia
mobile phone with
two sims.
22. Ex. PW7/K Site plan
23. Ex. PW 7/L List of FICN
24. Ex. PW 7/M Arrest memo of
accused Kunj Bihari
25. Ex. PW 7/N Personal search
memo.
26. Ex. PW 7/O Disclosure statement
27. Ex. PW 7/P Seizure memo of
Max mobile phone.
28. Ex. PW 7/Q Site Plan.
29. Ex. PW 7/R Seizure memo of 16
pay-in slips.
30. Ex. PW 7/S to U Supplementary
disclosure statement
of accused Faridul,
Safiqul and Kunj
Bihari.
31 Ex. PW 7/V and W Pointing out memos
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 8 of 45
32. Ex. PW 10/A Statement u/s 161 of
PW Pintoo Kumar
33. Ex. PW 12/A and B CAF of mobile no.
9582177590 and
9775916030.
34. Ex. PW 12/C and D CDR of mobile no.
9582177590 and
9775916030.
35. Ex. PW 12/C1 Certificate u/s 65B of
Evidence Act.
36. Ex. PW 12/D1 Certificate u/s 65B of
Evidence Act.
37. Ex. PW 12/E Cell ID chart.
38. Ex. PW 13/A CAF of mobile no.
7827720680
39. Ex. PW 13/B CDR of mobile no.
7827720680
40. Ex. PW 13/C Certificate u/s 65B
Evidence Act.
41. Ex. PW 14/A Rukka
42. Ex. PW 14/B Photographs.
43. Ex PW 16/A Copy of FIR No.
27/13
44. Ex. PW 16/B Copy of disclosure
statement in FIR No.
27/13
45. Ex. PW 19/A Seizure memo of
transcription 24
sheets.
46. Ex. PW 19/B1 to B24 Transcription 24
sheets.
47. Ex. PW 19/C Seizure memo of
envelope containing
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 9 of 45
voice sample
48. Ex. PW 19/D Seizure memo of two
DVDs.
49 Ex. PW 19/E Certificate u/s 65B of
Evidence Act.
50. Ex. PW 21/A Authority Letter of
PW21
51. Ex. PW 21/B and C Forwarding letters.
52. Ex. PW 22/A Account opening
form of accused
Faridul
53. Ex. PW 22/B Account opening
form of Mosa Nurika
Parveen
54. Ex. PW 22/C Account opening
form of Sajahan.
55. Ex. PW 22/D Account opening
form of Maksud Sekh
56. Ex. PW 22/E Forwarding letter
57. Ex. PW 23/A and C CAF of mobile no.
9650276338 and
9635639205.
58. Ex. PW 23/B and D CDR of mobile no.
9650276338 and
9635639205.
59. Ex. PW 23/E and F CAF and CDR of
mobile no.
8967564915.
60. Ex. PW 23/G CDR of mobile no.
8967625660.
61. Ex. PW 23/H Certificate u/s 65B of
Evidence Act.
62. Ex. PW 24/A FSL report regarding
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 10 of 45
1
voice sample
63. Ex. PW 25/A Authority letter
64. Ex. PW 25/B Handing over letter
qua deposit receipts.
65. Ex. PW 26/A Authority letter.
66. Ex. PW 26/B Copy of deposit
receipts.
67. Ex. PW 28/A FSL report qua
currency notes
68. Ex. PW 28/B FSL report qua 42
sheets of documents
69. Ex. PW 29/A to C Photocopy of entries
in Register no. 19
70. Ex. PW 29/D and F Road Certificates
71. Ex. PW 29/E and G Acknowledgment
receipt
72. Ex. PW 30/A Copy of RC
73. Ex. PW 31/A and B Copy of
departure/arrival
entries
74. Ex. PW 31/C and D Pointing out memos
75. Ex. PW 31/E1 to E13 Specimen
handwriting and
signatures of accused
Faridul (13 sheets)
76. Ex. PW 31/F1 to F22 22 pay-in slips
77. Ex. PW 31/G Notice u/s 91 CrPC
78. Ex. PW 31/H Statement of account
of accused Faridul.
79. Ex. PW 31/I Statement of account
of Mosa Nurika
Parveen.
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 11 of 45
1
80. Ex. PW 31/J Statement of account
of accused Sajahan.
81. Ex. PW 31/K Statement of account
of Maksud Sekh.
82. Ex. PW 31/L Seizure memo of
photographs.
83. Ex. PW 31/P1 to P3 Three audio cassettes
containing specimen
voice sample of
accused persons.
84. Ex. PW 31/P4 to P6 Three audio cassettes
containing copies
85. Ex. PW 31/P7 and P8 DVD-1 and envelope
86. Ex. PW 31/P9 DVD-II
87. Ex. PW 32/A Request from Special
Cell
88. Ex. PW 32/B Copy of interception
order
89. Ex. PX1 to Ex. PX23 Pay-in slips
90. Ex. P1 Five wads of 100
notes each of
denomination
Rs.1000/-
91. Ex. P2 Black colour bag
92. Ex. P3 wad of 100 notes of
denomination
Rs.500/-
93. Ex. P4 wad of 100 notes of
denomination
Rs.1000/-
94. Ex. P5 Samsung Mobile
phone with 2 sims
and memory card
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 12 of 45
1
95. Ex. P6 Two Sims
96. Ex. P7 Max mobile phone
with two sims
97. Ex. P8 Nokia mobile phone
with two sims.
B. DEFENCE: NIL
Sr. No. Exhibit Number Description
Nil.
C. COURT EXHIBITS :- NIL
Sr. No. Exhibit Number Description
Nil Nil
Nil Nil
D. MATERIAL OBJECTS :- NIL
Sr. No. Material Description
Object
Number
1 Nil Nil
2 Nil Nil
JUDGMENT
1. Accused persons have been sent up to face trial in this Court for commission of offences punishable under sections State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 13 of 45 1 489B/489C/120B IPC as to the trafficking/use/possession of Fake Indian currency notes (hereinafter referred to as "FICN").
2. The brief facts of the prosecution case is that on 01.09.2013, at about 11.00 a.m, secret informer came to the office of Special Cell at Lodhi Colony and met SI Shahjahan and informed him that accused Farid will reach New Delhi Railway Station from Swatantarta Sainani Express from Dharbhanga and that he was having FICN which he has to deliver to his associates. On the directions of senior officers, a raiding team was constituted and reached New Delhi Railway Station towards Paharganj side at about 2.00 p.m and took their respective positions. At about 3.40 p.m, the said train arrived at the platform and accused Faridul Islam, who was carrying one black colour shoulder bag accompanied with one aged lady de-boarded the train. They both came out of the railway station and started waiting for 10-15 minutes and thereafter accused Faridul Islam alongwith the lady started walking towards the bus stand from where he was apprehended at the pointing out of the secret informer. On checking his bag, one transparent black colour polythene was recovered which was found containing five wads of FICN of the denomination of Rs.1000/- each. Each of the wad was found containing 100 notes and the total value of the same was Rs.5 lacs. Alongwith other recoveries, one black and silver colour mobile phone make Samsung and four sim cards were recovered from his possession. Accused Faridul Islam was arrested, State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 14 of 45 1 recovered FICN were seized and during investigation, it was disclosed by accused Faridul that he was involved in procuring and circulating FICN with the help of his associates and the said FICN he had procured from his associate Shahjahan from West Bengal. He further disclosed that FICN were circulated in the open markets of Delhi and Gurgaon with the help of co-accused Kunj Bihari Pandey, Lal Chand and Safiqul Alam.
3. Thereafter, on the intervening night of 01/02.09.2013, raid was conducted at Indira Colony-1, Gurgaon at the instance of accused Faridul Islam from where accused Safiqul Alam was arrested from his rented accommodation i.e. Room no. 12, Uday Nagar, Dhani, Village Kanhai, near Sector-44, Gurgaon. During the course of investigation, from his possession, one wad containing 100 FICN of the denomination of Rs. 500/- each, total value of Rs.50,000/- were recovered. During investigation, he disclosed that he used to drive the auto of accused Faridul Islam and in order to earn quick money, he indulged in the trading of FICN with Kunj Bihari Pandey and Faridul Islam and used to go to different shops to supply the FICN in various markets. Alongwith other recoveries, one mobile phone make Nokia with two sim cards were recovered from his possession.
4. On the intervening night of 01/02.09.2013, the raiding team of PS Special Cell alongwith accused Faridul Islam and Safiqul Alam reached at the house of Ravinder Singh, Plot No. 202, State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 15 of 45 1 First floor, Indira Colony-I, Delhi, from where accused Kunj Bihari Pandey was apprehended from his house and from his room, 100 FICN in the denomination of Rs.1000/- each were recovered from the bag pack kept in his room. Alongwith other recoveries, one mobile phone and two sim cards were also recovered. During investigation, arrested accused persons revealed that the main kingpin of this syndicate is one Shahjahan. On 25.03.2015, accused Shahjahan was already found arrested in case FIR No. 27/2013, P.S Special Cell and subsequently on 05.04.2015, accused Shahjahan was formally arrested in the present FIR also. Accused Shahjahan disclosed about his involvement in supply and circulation of FICN from Indo-Bangladesh border and the said FICN used to be printed in Pakistan. He further disclosed that he provided FICN to accused Faridul Islam and was connected to him through mobile phone.
5. Vide order dated 10.01.2014 and 04.03.2016, charges were framed against accused Safiq-ul-Alam, Mohd. Faridul Islam, Kunj Bihari Pandey and Shajahan S.K for commission of offence punishable u/s 120B/489B/489C IPC to which they pleaded not guilty and claimed trial.
6. During the trial, accused Mohd. Faridul Islam and Shajahan SK @ Shajan Sheikh @ Tunu moved their respective applications to plead guilty which were allowed and vide orders dated 06.09.2017 and 27.02.2018, they both were convicted and State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 16 of 45 1 sentenced for the period already undergone.
7. In order to prove its case, the prosecution has examined as many as thirty two (32) witnesses:-
PW-1 Satish Kumar. He has deposed that in the month of September, 2013, accused Faridul Islam purchased 1KG apples from him and handed over to him a fake note of Rs.1,000/- denomination and when PW1 confronted accused Faridul islam, he snatched the note from his hand and ran away. PW1 correctly identified accused Faridul Islam.
PW-2 is ASI Krishan Pal. He has proved the copy of FIR as Ex. PW 2/A and also proved his endorsement on the rukka as Ex. PW 2/B. PW-3 is Ravinder Singh. He has deposed that on 09.08.2013 he gave one room on rent to accused Kunj Bihari on a monthly rent of Rs.3000/-. He has proved the tenant verification form as Ex. PW 3/A which could not be verified through the police. PW-4 is Vasudev Mukherjee who was room mate of accused Kunj Bihari Pandey. He has deposed regarding the arrest of accused Kunj Bihari Pandey on the intervening night of 01/02.09.2013 and also with regard to seizure of fake currency notes which were seized vide memo Ex. PW 4/A. PW-5 is ASI Udaivir. He has deposed that on receipt of secret information regarding presence of accused Faridul Islam, r/o Malda, West Bengal at New Delhi Railway Station with huge amount of FICN, a raiding team was constituted by Insp.
State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 17 of 45 1 Dharmender consisting of himself, SI Shahjahan, SI Rajesh Malik, SI Dalip Kumar, ASI Rajinder, ASI Raj Kumar, HC Satinder, HC Manish, HC Ahed, HC Kisna Ram, HC Anil Rao, Ct. Sushil, Ct. Danish, Ct. Sunil Tyagi, Ct. Sanjit and Ct. Abdul Ahad. He has deposed that they reached at the place of information and took their position at Platform no. 12 and at about 3.50 p.m, accused Faridul Islam deboarded the train with one old lady and at that time, he was carrying a black coloured shoulder bag. They both were chased and on the pointing out of the secret informer, accused was stopped near pavement of Dr. Munjhe Chowk towards Paharganj. Accused Faridul was apprehended alongwith old lady who was his mother-in-law Akhtari Bibi. He has deposed that the bag of accused was searched which was found containing five wads of 100 FICN each in the denomination of Rs.1,000/- each, amounting to Rs.5 lacs and after preparing the list of serial numbers of the FICN Ex. PW 5/A-1 to Ex. PW 5/A-5, taking photographs of the recovered FICN, the same were seized vide seizure memo Ex. PW 5/B. PW5 has further deposed that on interrogation, accused Faridul disclosed about his involvement in procuring and circulation of FICN which he has received from main kingpin Shahjahan and the same were to be circulated in Delhi and NCR with the help of accused Kunj Bihari Pandey, Lal Chand and Safiq-ul. PW5 got the FIR registered of the present case.
PW5 has further deposed that on 04.09.2013, he joined the investigation with the IO SI Maninder Singh and on State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 18 of 45 1 that day, the police team alongwith accused Faridul Islam and Kunj Bihari Pandey, they left their office. He has deposed that accused Faridul pointed out towards the shops and fruit vendor where he circulated FICN by purchasing some articles. PW5 has proved the pointing out memos in this regard as Ex. PW 5/C-1 to Ex. PW 5/C-5. PW5 has deposed that accused Kunj Bihari Pandey also pointed out towards the sweet shop at Gali No. 4, Sangam Vihar where he accompanied accused Faridul Islam, the pointing out memo in this regard has been proved as Ex. PW 5/D. PW5 has identified the five wads containing 100 notes each of the denomination of Rs.1000/- each collectively as Ex. P1. PW5 has also proved the FSL report as Ex. PX1 and also the black colour shoulder bag containing apparels as Ex. P2. PW-6 is Roshan Yadav. He has deposed that he gave one room on rent to accused Safiq-ul-Alam in the year 2012 who was a TSR driver and stayed there for one and a half years. Later in September, 2013, he came to know that the said Safiqu-ul-Alam has been arrested in FICN case.
PW-7 is ASI Kisna Ram. He was also one of the member of the raiding team. He has corroborated the testimony of PW5 ASI Udaivir. He has proved the site plan of the spot from where accused Faridul was apprehended as Ex. PW 7/A, arrest memo and personal search memo of accused Faridul Islam as Ex. PW 7/B and Ex. PW 7/C. He has proved the disclosure statement of accused Faridul Islam as Ex. PW 7/D. He has deposed that from State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 19 of 45 1 the personal search of accused Faridul Islam, two train tickets were recovered which were seized vide memo Ex PW 7/E. He has also proved the seizure memos of Samsung mobile phone containing two sims, two more sims, 2GB memory card and seven pay-in slips of Axis Bank as Ex. PW 7/E1 and Ex. PW 7/E2. He has identified the Samsung mobile phone with two sims and 2 GB memory card as Ex. P5, two sim cards as Ex. P6 and seven pay-in slips as Ex. PX1 to Ex. PX7.
PW7 has further deposed that he alongwith other team members and accused Faridul Islam went to Udai Nagar Dhani, Gurgaon from where accused Safiq-ul-Alam was arrested at the instance of accused Faridul Islam vide arrest memo Ex. PW 7/H and personal search memo Ex. PW 7/I who got recovered one wad containing 100 notes of the denomination of Rs.500/- each which were seized vide memo Ex. PW 7/G after preparing the list of serial numbers of the notes Ex. PW 7/F. PW7 has proved the disclosure statement of accused Safiq-ul- Alam as Ex. PW 7/J. PW7 has further deposed that from the personal search of accused, one silver and red colour Nokia mobile phone with two sim cards was recovered which was seized vide memo Ex. PW 7/J1 and site plan of the said spot was also prepared which has been proved as Ex. PW 7/K. He has identified the wad as Ex. P3 and Nokia mobile phone as Ex. P8.
PW7 has further deposed regarding the arrest of accused Kunj Bihari Pandey from Indira Colony, Sector 52 Gurgaon at the instance of accused Faridul Islam vide arrest State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 20 of 45 2 memo Ex. PW 7/M and personal search memo Ex. PW 7/N. PW7 has further deposed that accused Kunj Bihari Pandey disclosed that he received FICN worth Rs.4 lacs from accused Faridul which he had circulated in various shops of Gurgaon and Delhi alongwith Lal Chand and accused Safiq-ul-Alam; accused Kunj Bihari Pandey got recovered one wad containing 100 FICN of the denomination of Rs.1000/- each worth Rs.1 lakh from his possession which were seized vide memo Ex. PW 4/A after preparing the list of its serial numbers Ex. PW 7/L. PW7 has proved the disclosure statement of accused Kunj Bihari Pandey as Ex. PW 7/O and upon his search, one mobile phone make Max with two sim cards was recovered which was seized vide memo Ex. PW 7/P. He has identified the Max mobile phone with two sim cards as Ex. P7. PW7 has proved the site plan as Ex. PW 7/Q. PW7 has identified the wad as Ex. P4.
PW7 has also deposed regarding seizure of sixteen pay-in slips of Axis Bank Ex. PX8 to Ex. PX23 vide memo Ex. PW 7/R, recording of supplementary disclosure statement Ex. PW 7/S, Ex. PW 7/T and Ex. PW 7/U of accused Faridul Islam, Kunj Bihari and Safiq-ul-Alam and also regarding the pointing out memos of the mother dairy shop and one sweet shop Ex. PW 7/V and W where accused Faridul and Safiq-ul-Alam attempted to circulate FICN.
PW-8 is Sapna Gupta who is the owner of Paan Shop at Ratia Market, Sangam Vihar, Delhi. She has deposed that in the year 2013, on the occasion of Rakshabandhan, accused Faridul Islam State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 21 of 45 2 purchased one packet of gold flake cigarette and Rajnigandha costing Rs.100/- from her shop and he gave her a fake note of Rs.1000/- and she returned back balance of Rs.900/- to accused Faridul Islam. She has deposed that subsequently, when she came to know that the note given by accused Faridul islam was fake one, she torn the said note. PW8 correctly identified accused Faridul Islam in the court.
PW-9 is Virender Mehto, a TSR driver has witnessed the apprehension of accused Faridul Islam and recovery of five wads of FICN in the denomination of Rs.1000/- each vide seizure memo Ex. PW 5/B. PW-10 is Pintoo Kumar has also witnessed the apprehension of accused Faridul Islam and recovery of FICN vide seizure memo Ex. PW 5/B. PW-11 is Harish Kumar Gupta, owner of Paan/ confectionary Shop at Sangam Vihar, New Delhi. He has deposed that in the year 2013, on the occasion of Rakshabandhan, accused Faridul Islam came to his shop to buy one packet of Classic cigarette and cold drink and he gave him a fake note of Rs.1000/- which he refused to accept despite the persistent request of the accused. PW-12 is Anuj Bhatia, Nodal Officer, Vodafone. He has proved the Customer Application form alongwith ID proof and CDR of mobile number 9582177590 for the period from 01.05.2013 to 05.09.2013 alongwith certificate u/s 65B of Indian Evidence Act as Ex. PW 12/A, Ex. PW 12/C and Ex. PW 12/C1. PW12 has also proved the Customer Application form alongwith ID proof State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 22 of 45 2 and CDR of mobile number 9775916030 for the period from 01.05.2013 to 05.09.2013 alongwith certificate u/s 65B of Indian Evidence Act as Ex. PW 12/B, Ex. PW 12/D and Ex. PW 12/D1. He has also proved the Cell Id chart as Ex. PW 12/E. PW-13 is Rajeev Sharda, Alternate Nodal Officer, Reliance Communications. On behalf of Nodal Officer Ajit Yadav, PW13 has proved the Customer Application Form alongwith ID proof and CDR of mobile number 7827720680 for the period from 01.05.2013 to 01.09.2013 alongwith Certificate u/s 65B of Indian Evidence Act as Ex. PW 13/A, Ex. PW 13/B and Ex. PW 13/C. PW-14 is SI Shahjahan. He was also one of the member of the raiding team. He has corroborated the testimony of PW5 ASI Udaivir. He has proved the rukka as Ex. PW 14/A and two photographs as Ex. PW 14/B which he handed over to the IO on 03.01.2013.
PW-15 is Amar Nath, who was fruit vendor at Hamdard Mor near Sangam Vihar, Delhi. She has deposed that in the year 2013, on the occasion of Rakshabandhan, accused Faridul Islam purchased 2 KG of apples costing Rs.120/- from his shop and he gave him a fake note of Rs.1000/- and she returned back balance of Rs.880/- to accused Faridul Islam. He has deposed that subsequently, when he came to know that the note given by accused Faridul islam was fake one, he torn the said note. PW15 correctly identified accused Faridul Islam in the court. PW-16 is Pankaj Bharti, Ahlmad of this court. He has brought State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 23 of 45 2 the copy of FIR No. 27/2013 of P.S Special Cell, u/s 489B/489C/120B IPC as Ex. PW 16/A. He also produced the copy of disclosure statement of accused Gopal Laxman Mithapra dated 20.06.2013 as Ex. PW 16/B. PW-17 is Satender Sharma, owner of hardware shop at Sangam Vihar, New Delhi. He has deposed that accused Faridul Islam came to his shop to buy one chain and one lock and he gave him a fake note of Rs.1000/- which he did not accept. PW17 correctly identified accused Faridul Islam in the court. PW-18 is Umesh Kumar, owner of sweets shop at Sangam Vihar, New Delhi. He has deposed that on the occasion of Rakshabandhan, accused Faridul Islam came to his shop to buy half Kg of Paneer and he gave him a fake note of Rs.1000/- which he refused to accept. PW18 correctly identified accused Faridul Islam in the court.
PW-19 is Ct. Abdul Ahad Khan. He has deposed that prior to 03.10.2013, he was managing the interception of mobile no. 9650276338 and he prepared the transcription of nine incriminating calls of accused Faridul Islam, Shahjahan, Kunj Bihari Pandey, Safiq-ul-Alam and Lal Chand and the same has been proved as Ex. PW 19/B1 to Ex PW 19/B24 which was seized by the IO vide seizure memo Ex. PW 19/A. PW19 has also deposed regarding recording of voice samples of accused Faridul Islam, Kunj Bihari Pandey and Safiq-ul-Alam by FSL expert in audio cassettes which were kept in two sealed envelopes which were seized vide memo Ex. PW State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 24 of 45 2 19/C. He has also proved the seizure memo of two DVDs containing the interception of calls of mobile no. 9650276338 of accused Faridul Islam as Ex. PW 19/D and the certificate u/s 65B of Indian Evidence Act in this regard has been proved as Ex. PW 19/E. PW-20 is Sirajuddin, subscriber of sim of mobile no. 9582177590 which was got issued upon the strength of his voter card. He has deposed that he had given the said sim to accused Faridul Islam one year prior to registration of the present case and since then, either accused Faridul Islam or his wife were using the said sim.
PW-21 is Sachin Yadav who was Assistant Manager, Axis Bank, Sector-54 branch, Gurgaon and was duly authorized to depose by operational head of the bank vide authority letter Ex. PW 21/A. He has proved on record the deposit of Rs.30,000/- by cash in account no. 913010006749361 in the name of Shahjahan on 05.06.2013 and a cash deposit of Rs.50,000/- in a/c no. 91301006975586 in the name of Mosa Nurika Parveen on 15.06.2013. Both the deposit slips have been proved as Ex. PX14 and Ex. PX12 which were handed over to the police vide forwarding letters Ex. PW 21/B and C respectively. PW-22 is Harsh Sharma, Officer, Axis Bank, Khan Market. Pursuant to notice u/s 91 CrPC, he provided the account opening forms of the bank account in the name of accused Faridul Islam as well as in the name of Mosa Nurika Parveen, Shahjahan SK and Maqsood Sheikh alongwith the forwarding letter Ex. PW State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 25 of 45 2 22/E. He has proved the account opening forms as Ex. PW 22/A to Ex. PW 22/D. PW-23 is Surender Kumar, Nodal Officer Bharti Airtel Limited. He has proved on record the CAF alongwith ID proofs of mobile phone no. 9650276338 in the name of Suresh Yadav, 9635639205 in the name of Sabera and mobile no. 8967564915 in the name of Uma Shanker Ram as Ex. PW 23/A, Ex. PW 23/C and Ex. PW 23/E respectively. He also proved on record the CDRs of the above mobile numbers of the relevant period as Ex. PW 23/B, Ex. PW 23/D and Ex. PW 23/F respectively. He also proved on record the CDR for the relevant of mobile phone no. 8967625660 as Ex. PW 23/G and also proved the certificate u/s 65B of Evidence Act Ex. PW 23/H to establish the authenticity of computer generated record. PW-24 is Ct. Sanjit Dabas. He has deposed that on the instructions of the IO, he deposited three sealed pulandas, 42 sheets alongwith relevant documents and also the voice samples in FSL, Rohini on different dates.
PW-24 is Dr. C. P. Singh, Assistant Director, FSL Rohini. He had compared the voice sample of accused Faridul Islam as well as the voice sample of co-accused persons with the recorded intercepted conversation and submitted his detailed report Ex. PW 24/A matching the voice samples of accused Faridul Islam, Safiq-ul-Alam and Kunj Bihari Pandey with the recorded intercepted conversation.
PW-25 is Bishambhar Nath, Sales Officer, Axis Bank, Sector-
State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 26 of 45 2 5, Dwarka, who was was authorized to depose in the court vide authority letter Ex. PW 25/A. He has proved on record the deposit of Rs.20,000/- in the account no. 913010006975586 in the name of Mosa Nurika Parveen and Rs.40,000/- in the account no. 913010006749361 in the name of Shahjahan SK vide receipts/deposit slips Ex. PX3 and Ex. PX4 which were given to the police vide forwarding letter Ex. PW 25/B. PW-26 is Himanshu, Sales Officer, Axis Bank, Sector-57 Gurgaon who was authorized to depose before this court vide authority letter Ex. PW 26/A. He has proved on record the deposit of amounts in the account no. 389010100114936 in the name of Maksud Sekh on various dates vide receipts/deposit slips Ex. PX1 to Ex. PX23 which were given to the police vide forwarding letter Ex. PW 26/B. PW-28 is Alok Kumar Mehta, Senior Scientific Officer (Documents), FSL. He has examined three sealed pulandas containing the FICN and on examination, they all were found to be fake/counterfeited and he prepared report Ex. PW28/A in this regard. PW28 has also examined 42 sheets of documents with the questioned writing and prepared his detailed report Ex. PW 28/B. PW-29 is ASI Sanjiv who was MHC (M). He has proved the relevant entries in Register No. 19 and 21 as Ex. PW 29/A to Ex. PW 29/C. He has proved the copy of Road Certificates as Ex. PW 29/D and Ex. PW 29/F and also the acknowledgments as Ex.
State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 27 of 45 2 PW 29/E and Ex. PW 29/G.
PW-30 is Ct. Harish Kumar. He had deposited the case property in CFSL vide RC Ex. PW30/A and handed over the acknowledgment to the MHC(M) in the police station. PW-31 is SI Maninder Singh who was the IO of the present case. He has deposed on the lines of investigation and corroborated the testimony of ASI Udaivir (PW5), ASI Kisna Ram (PW7), SI Shahjahan (PW14), Ct. Abdul Ahad Khan (PW19) and Sh. Harsh Sharma (PW22) of Axis Bank.
During his testimony, PW31 has proved the relevant entry of departure and arrival dated 01.09.2013 and 02.09.2013 as Ex. PW 31/A and Ex. PW 31/B. He has proved the pointing out memos qua accused Safiq-ul-Alam as Ex. PW 31/C and Ex. PW 31/D. He has proved 13 handwriting and signature sheets of accused Faridul Islam as Ex. PW 31/E1 to Ex. PW 31/E13. He has proved 22 pay-in slips as Ex. PW 31/F1 to Ex. PW 31/F22. He has proved the notice u/s 91 CrPC served upon the Manager, Axis Bank, Khan Market branch as Ex. PW 31/G pursuant to which he was provided with statement of account in the name of accused Faridul Islam Ex. PW 31/H, in the name of Mosa Nurika Praveen Ex. PW 31/I, in the name of Sajahan SK Ex. PW 31/J and also in the name of Maksud Sekh Ex. PW 31/K. He has proved the seizure memo of two photographs (Ex. PW14/B collectively) of the place of recovery handed over by PW14 as Ex. PW 31/L. PW31 SI Maninder Singh has also identified the case property seized in the present case and was already identified by PW5 ASI Udaivir, PW7 ASI Kisna Ram and other members of the State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 28 of 45 2 raiding party. PW31 has also identified three audio cassettes containing the specimen voice sample sample of accused Faridul Islam, Safiq-ul-Alam and Kunj Bihari Pandey as Ex. PW 31/P1 to Ex. PW 31/P3. PW31 has also identified three audio cassettes containing the copies of the cassettes containing voice sample of above mentioned three accused persons as Ex PW 31/P4 to Ex. PW 31/P6. He has proved DVD-1 make Moserbaer as Ex. PW 31/P7 alongwith envelope as Ex. PW 31/P8. PW31 has also proved DVD-2 as Ex. PW 31/P9.
PW-32 is Archana Arora who is Principal Secretary (Home), Govt. of NCT of Delhi. She on receipt of request from Special Commissioner of Police vide letter Ex. PW32/A has passed the interception order Ex. PW32/B with respect to mobile nos 9650276338, 9582176875 and 9716437131.
STATEMENT OF ACCUSED
8. After conclusion of Prosecution Evidence, statement of accused persons was recorded u/s 313 CrPC wherein they have denied the entire prosecution case. Accused Kunj Bihari Pandey has submitted that he has been falsely implicated in the present case and nothing incriminating as alleged by the prosecution has been recovered from his possession or at his instance. He knew accused Faridul Islam as he was also working in construction of Supertech building in Noida and accused Faridul used to supply labour for the same. Accused Safiq-ul-Alam has submitted that since he used to drive the auto of accused Faridul Islam, he was State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 29 of 45 2 falsely implicated in the present case. He further submitted that since accused Faridul Islam used to supply labours to the contractors, he used to talk him on phone but he never had any dealings with regard to FICN with any of the accused persons. He further stated that recovery as alleged has been planted upon him.
9. I have heard and considered the submissions made by Sh.
Jitender Tiwari, Ld. Counsel for accused Kunj Bihari Pandey, Sh. Suresh Sisodia, Ld. Legal Aid Counsel for accused Safiq-ul- Alam and Sh. Ashok Kumar, Ld. Addl. PP for State and also carefully gone through the material available on record.
ARGUMENTS ON BEHALF OF ACCUSED SAFIQUL ALAM :-
10. It is argued by Ld. defence counsel that accused has been falsely implicated in the present case. It is also submitted that prosecution has failed to prove any intention to do the crime and in the absence of any material to this respect, no offence is made out against him.
11. It is further argued that there is no evidence on record with respect to involvement of the accused in the alleged conspiracy with co-accused persons. The recovered has been planted upon him. It is also submitted that there is no evidence of circulation State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 30 of 45 3 or trafficking of FICN on the part of the accused. Ld. Defence counsel has further highlighted the contradictions in the testimony of the prosecution witnesses.
ARGUMENTS ON BEHALF OF ACCUSED KUNJ BIHARI PANDEY :-
12. Ld. counsel for accused has argued on similar lines of Ld. Counsel for accused Safiqul Alam. Although some additional points have been raised in support of defence of the accused. It is submitted that on the day of alleged recovery of FICN from the possession of the accused Faridul Islam, he was not present at the spot and infact he had gone to LNJP Hospital where one child was admitted who got injured at the construction site and accused was very much present alongwith the child in the hospital to look after him. It is further argued that no public witness has been joined to prove the alleged recovery. Moreover the alleged recovery which shown to have been effected from the premises of the accused was infact not in his possession on that day as at that time, he had already vacated the said tenanted premises on 28.08.2013 which is also reflected in the testimony of public witnesses.
13. It is further argued by Ld. Defence counsel that written transcript of intercepted audio conversation which has been produced by the prosecution, no where depicts any incriminating State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 31 of 45 3 piece of evidence against the accused. It is argued that it have been normal talks in which conversation is only regarding the treatment of the child who was admitted in the hospital.
14. Ld. Defence counsel has further argued that there is no inter-se connectivity between accused Kunj Bihari Pandey and Safiqul Alam to prove that they were part of any alleged conspiracy to commit the offence.
POINTS OF DETERMINATION :-
15. In order to bring home the charges for the commission of offence punishable u/s 120B IPC, prosecution is required to prove following ingredients :-
(I) That the accused persons entered into criminal conspiracy to do an illegal act i.e. transporting, possessing and circulation of FICN.
(II) That in pursuance to the said criminal conspiracy, there has been a recovery of FICN from the possession of the accused persons.
16. In order to bring home the charges for the commission of offence punishable u/s 489B IPC, the prosecution is required to prove the following ingredients :-
(A) the currency-note or bank-notes in question were forged or counterfeit;
(B) the accused sold to, or bought, or received, from, some
State vs. Mohd. Faridul Islam
FIR No. 32/2013
PS: Special Cell Page no. 32 of 45
3
person, or trafficked in, or used, as genuine, such notes; and (C) when in doing so, he knew or had reason to believe that such notes were forged and counterfeit.
17. Similarly, to prove charges for the commission of offence u/s 489C the prosecution is required to prove that :-
(A) the accused were found in possession of the counterfeit currency notes.
(B) The accused were having knowledge of the same to be counterfeit and knowing it to be used as genuine.
18. As per the case of the prosecution, on 01.09.2013, on the basis of secret information about the delivery of FICN, a raiding team was constituted and accused Faridul Islam was apprehended alongwith one black colour shoulder bag in which he was carrying FICN to the tune of Rs.5 lacs i.e. five wads containing 100 notes each in the denomination of Rs.100/- each. During the investigation, accused Faridul Islam disclosed about his involvement in procuring and circulation of FICN with the help of his associates and that the said FICN were procured by him from his associate accused Shahjahan r/o West Bengal. Accused Faridul Islam also disclosed that for its further circulation, he roped another co-accused Kunj Bihari Pandey and Safiqul Alam. At the instance of accused Faridul Islam, on the intervening night of 01/02.09.2013, accused Safiqul Alam was arrested and recovery of FICN amounting to Rs.50,000/- i.e. one wad State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 33 of 45 3 containing 100 notes in the denomination of Rs.500/- each, was effected from his possession.
On the said intervening night of 01/02.09.2013, the raiding team alongwith accused Faridul Islam and Safiqul Alam, apprehended accused Kunj Bihari Pandey and from his possession, FICN worth Rs.1,00,000/- i.e. 100 FICN of the denomination of Rs.1,000/- each were recovered. Alongwith other recovery, mobile phones and sim cards were also recovered from the possession of accused persons.
During the course of trial, accused Faridul Islam and Shahjahan on their plea of guilt were convicted.
19. In order to prove the charges of conspiracy and inter-se connectivity between the accused persons, prosecution has examined, Anuj Bhatia (PW12), Ct. Abdul Ahad Khan (PW19), Sirajuddin (PW20), Surender Kumar (PW23) and PW32 Archana Arora. ASI Kisna Ram (PW7) has also been examined by the prosecution who has proved the seizure memo Ex. PW7/E1 of mobile phone make Samsung and two sim cards which were recovered from accused Faridul Islam. PW7 has also proved the seizure memo Ex.PW 7/P of mobile phone make Max and two sim cards which were recovered from accused Kunj Bihari. Similarly, PW7 has also proved the seizure memo Ex. PW 7/J1 of one silver and red colour mobile phone make Nokia and two sim cards which were recovered from the possession of accused Safiqul Alam.
State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 34 of 45 3
20. Similarly, the Call Detail Records, Customer Application Forms and Cell ID Location chart of respective mobile numbers being used by the respective accused person has also been proved by the concerned witnesses and perusal of the same would reveal that accused Faridul Islam was using mobile numbers 9650276338 and 9582177590, whereas accused Kunj Bihari Pandey was using mobile numbers 7766902336 and 7827720680 and accused Safiqul Alam was using mobile numbers 9635639205. Although the subscription of the said mobile numbers are not in the name of the accused persons but the recovery of mobile phones alongwith sim cards were effected from the possession of accused persons and the members of the raiding team are witnesses to their respective seizure.
The IMEI number of the mobile phone which was recovered from the possession of accused Faridul Islam is corresponding to the use of mobile phone/sim card recovered from his possession. Similarly, the IMEI number of the mobile phone recovered from the possession of accused Kunj Bihari is corresponding to the mobile numbers/sims which were recovered from his possession and same is the case of accused Safiqul Alam. Despite the fact that subscription of the sim cards/mobile phones which were recovered from the possession of accused persons are not in their names but their IMEI number and IMSI number of the sim cards which is also reflected in the State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 35 of 45 3 respective CDRs specifically shows that the respective sims/mobile phones were being used by the accused persons themselves. The testimony of the witnesses on this point could not be breached, therefore, their remains no doubt about its use by the accused persons.
21. The CDR of these mobile numbers for the period from 01.05.2013 to 01.09.2013 collected by the IO and placed on record as Ex. PW 12/D colly, Ex. PW 13/B colly, Ex. PW 23/B and Ex. PW 23/D being proved by respective Nodal Officers i.e. PW12 Anuj Bhatia of Vodafone Mobile Services, PW13 Rajiv Sharda of Reliance Communications and PW23 Surender Kumar of Bharti Airtel Limited is sufficient to show inter-se connectivity between the accused persons. The CDR further shows that from the mobile phone of accused Faridul Islam 9650276338 and 9582177590, there are repeated calls on several occasions on the mobile numbers of accused Kunj Bihari Pandey i.e. 7766902336 and 7827720680 for 54 times and 56 times respectively and accused Faridul Islam has also called accused Safiqul Alam on his mobile number 9635639205 for 65 times from his mobile number 9650276338. This evidence is sufficient to show that the accused persons were known to each other through accused Faridul Islam who was actually contacting accused Kunj Bihari Pandey and Safiqul Alam regularly. Although there is no connectivity between Kunj Bihari Pandey and Safiqul Alam but as per the case of the prosecution, State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 36 of 45 3 accused Kunj Bihari and Safiqul Alam were roped in by accused Faridul Islam to circulate the FICN in Delhi and NCR area which he had allegedly received from accused Shahjahan r/o West Bengal.
22. Another important evidence which has come on record is the intercepted calls of accused Faridul Islam made from his mobile number 9650276338. PW32 Ms. Archana Arora, Principal Secretary (Home) has proved the requisite permission accorded by her for the interception of the said mobile number under the relevant provisions of Indian Telegraph Rules coupled with the provisions of Indian Telegraph Act as well as the government order dated 10.12.1997. In this regard, the request letter from the Commissioner has been proved as Ex. PW 32/A and the interception order has been proved as Ex. PW 32/B. The said witness has specifically deposed that the permission was accorded as per the rules.
23. Now the question arises, when the mobile numbers being used by accused Safiqul Alam and Kunj Bihari have not been intercepted, then how the intercepted conversation of accused Faridul Islam is relevant to the case of the prosecution.
Ld. Addl. PP has demonstrated from the evidence that the mobile phone which was used by accused Faridul Islam is having connectivity with accused Kunj Bihari through his mobile number 7827720680 by making as many as 56 calls on State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 37 of 45 3 different occasions and similarly the said mobile number was also used by accused Faridul Islam for 65 times in contacting accused Safiqul Alam on his mobile number 9635639205.
24. The prosecution has also lead evidence to show that the other callers who were involved in the conversation with accused Faridul Islam were accused Kunj Bihari Pandey and Safiqul Alam. The respective voice samples of accused persons were obtained and the same were sent to FSL for expert opinion and the expert Dr. C. P. Singh (PW24) examined the questioned voice samples with the specimen voice samples of accused Faridul Islam, Kunj Bihari Pandey and Safiqul Alam and after comparison of the voice samples and came to the conclusion that the questioned voice of the accused persons were similar to their respective specimen voice samples. In this manner, there is sufficient evidence available on record to show that both the accused persons were connected with co-accused Faridul Islam. Prosecution has also placed on record the written transcript of the audio conversation which took place between the accused persons but on perusal of the same, nothing has come out in the form of direct evidence to show that actually the conversation was taking place between the accused persons regarding the FICN. Therefore, the contents of the transcript and the intercepted conversation is a weak evidence in order to prove the nature of conversation between the accused persons. However, the matching of voice and the fact that accused State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 38 of 45 3 persons were involved in having the conversation with each other through mobile phone which is already reflecting in their respective CDRs, is sufficient to show their inter-se connectivity. The evidence is sufficient to show that accused Safiqul Alam as well as Kunj Bihari Pandey were known to accused Faridul Islam.
25. The present case is about the possession of the FICN and circulation thereof, therefore, the prosecution is also required to prove on record beyond reasonable doubt the existence of conspiracy amongst them in the commission of the offence. It is well settled principal of law that in most of the conspiracy, it is very difficult to lead a direct evidence of the agreement amounting to criminal conspiracy. In such cases, the circumstances are required to be considered cumulatively and weighed according to the facts and the evidence come up on record. Such circumstances which leads to the existence of conspiracy between the accused persons for the possession and circulation of FICN can be seen in the recovery effected from the possession of the accused persons. Firstly, accused Faridul Islam was apprehended and from his possession, huge quantity of FICN of the value around Rs.5 lacs was recovered, as proved by the prosecution. The prosecution has also proved that on 01.09.2013, accused Faridul Islam came from Dharbhanga to New Delhi Railway Station by boarding Swatantrata Saini Express train and in order to show that the case was not a State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 39 of 45 3 planted one but it was actually the recovery which was effected from the possession of the accused, the witnesses have proved the recovery of the train tickets of his travelling from Darbhanga to New Delhi Railway Station on 31.08.2013 and the same has been proved as Ex.PW 7/A and Ex. PW7/B. Recovery of his mobile phone and FICN from his possession and moreover his involvement in the circulation of the FICN is also established by the public witnesses, namely, PW8 Sapna Gupta who has identified accused Faridul Islam as the person who gave fake currency note of Rs.1,000/- to her husband who was running a Paan shop for purchasing some articles worth Rs.100/- and balance amount of Rs.900/- was paid to accused Faridul Islam. PW1 Satish Kumar has also identified accused Faridul Islam being the person who purchased apples from his shop and gave FICN of the denomination of Rs.1000/-. Similarly, PW11 Harish Kumar also identified accused Faridul Islam being the person who came to his shop for purchase of some articles for which he gave Rs.1,000/- for making the payment. The recovery from accused Faridul Islam is also established by public witness Virender Mehto (PW9) who has deposed that accused was apprehended in his presence and from his possession, five wads of 100 notes each of the denomination of Rs.1000/- each were recovered. Although, accused Faridul Islam has pleaded guilty but the witnesses examined by the prosecution have also established his role in the circulation of FICN. At the instance of accused Faridul Islam, accused Safiqul Alam was apprehended State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 40 of 45 4 on the intervening night of 01/02.09.2013 and he disclosed about the supply of FICN to him for it circulation in Delhi and NCR region and there has been recovery of one wad containing 100 FICN of the denomination of Rs. 500/- each of the value of Rs.50,000/-. The connectivity of accused Safiqul Alam with accused Faridul Islam is already established by the witnesses and the evidence produced by the prosecution and after the arrest of Safiqul Alam, he alongwith accused Faridul Islam led the investigating team to the premises of accused Kunj Bihari Pandey and from his possession, 100 FICN worth Rs.1,00,000/- were recovered.
26. There has been argument of Ld. Defence counsel for accused Kunj Bihari Pandey that alleged recovery has been planted upon the accused as he had already vacated the rented premises on 27.08.2013. On this point, the testimony of PW3 Ravinder Singh, who was the landlord of the rented premises occupied by accused Kunj Bihari Pandey who has deposed that accused Kunj Bihari was residing there on rent and he vacated the premises on 27.08.2013 after paying monthly rent and on the next day, his children came and took all their household belongings with them. This witness although has admitted that after 28.08.2013, accused Kunj Bihari was not residing at the given premises but at the same time, he has also deposed in his cross-examination that a luggage of Lal Chand remained in the room after 20.08.2013 and accused Kunj Bihari was apprehended on the State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 41 of 45 4 intervening night of 01/02.09.2013 and from his rented premises i.e. Plot no. 202, First Floor, Sector-52 Gurgaon, Haryana, he got recovered FICN which were kept in a bag.
Similarly, another public witness Vasudev Mukherjee (PW4) has been examined by the prosecution who has deposed about the recovery of FICN. But PW4 has also not supported the case of the prosecution and he has denied that accused Kunj Bihari was brought by police at the above said house. He has further denied that one bag was recovered from the room in his presence. Rather he has deposed that it was disclosed to him that one bag was recovered from his possession.
27. As per the case of the prosecution, recovery was effected from the possession of accused Kunj Bihari Pandey whereas from the testimony of public witness Ravinder Singh (PW4) who was also the landlord of the premises given to accused Kunj Bihari on rent has deposed that only luggage of Lal Chand was lying in the said room after its vacation by accused Kunj Bihari on 28.08.2013. Similarly, public witness PW4 Vasudev Mukherjee has also not supported the case of the prosecution and important link to the prosecution case is missing i.e. of recovery from the possession of accused Kunj Bihari Pandey. When a public witness cited by the prosecution has turned hostile and has not supported the case of the prosecution, the testimony of the police witnesses with respect to the recovery of FICN at the State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 42 of 45 4 instance and from the possession of accused Kunj Bihari Pandey is not believable as serious contradictions and inconsistencies are noticed in the version of the prosecution witnesses.
28. Prosecution has failed to prove the recovery from the possession of accused Kunj Bihari Pandey beyond reasonable doubt as public witnesses have not supported the prosecution case. Therefore, it is observed that important link to the existence of conspiracy in the form of Kunj Bihari is missing in the entire chain of circumstances leading to the commission of offence.
29. So far as accused Safiqul Alam is concerned, no public witness has been examined to establish the recovery from his possession. This Court is also conscious of the fact that in all the cases, the testimony of police witnesses cannot be considered as unreliable but it is to be seen according to the facts and circumstances of the case. In the present case, evidence led by the prosecution creates a serious doubt about the authenticity of the prosecution case as two public witnesses cited by the prosecution as to the recovery from the possession of accused Kunj Bihari Pandey have turned hostile and for co-accused Safiqul Alam , they have not cited any public witness, therefore, in such circumstances corroboration to the recovery and story of prosecution against accused Safiqul Alam in the form of public witness also becomes essential. Since it was the accused Faridul Islam and Safiqul Alam who accompanied the police party to led State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 43 of 45 4 the recovery from Kunj Bihari. When recovery from Kunj Bihari is doubtful, how to believe recovery from Safikul Alam in the absence of strong evidence.
30. It has been held by hon'ble superior courts on number of occasions that the recovery of FICN from the possession of accused persons in huge quantity in itself is sufficient to show that the same was meant for the purpose of circulation in order to fulfill the ingredients of Section 489B IPC but in the present case, the recovery from the possession of the accused persons in itself is doubtful in the absence of cogent evidence and supporting witnesses. Apart from this, the prosecution unlike the case of co-accused Faridul Islam who is already convicted after his plea of guilt, no such witness has been examined to substantiate the prosecution case in order to show that on any occasion, accused persons used FICN in making any purchase on a shop or in any other manner.
31. Therefore, in the totality of the above discussions, it is observed that the evidence to establish the conspiracy amongst the accused persons is missing, therefore, charge for commission of offence punishable u/s 120B IPC is not sustainable against the accused persons. As a result, charge for commission of offence punishable u/s 489B and 489C IPC is also not proved against accused Kunj Bihari Pandey and Safiqul Alam.
State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 44 of 45 4
32. It is settled proposition of law that in a criminal trial, the prosecution is required to prove its case beyond a shadow of reasonable doubt and in the case at hand, the prosecution has miserably failed to prove its case and accused persons deserves to be acquitted.
33. With these observations, accused Kunj Bihari Pandey and Safiqul Alam are hereby acquitted of the offences charged with. They are on bail. Their bail bonds stands discharged. However, they are directed to furnish PB/SB in the sum of Rs.20,000/- in compliance of Sect0ion 437A CrPC.
34. Instant judgment be uploaded on the website immediately.
35. File be consigned to Record Room after due compliance.
Announced in the open court on 02.05.2023 ( Sanjay Khanagwal ) ASJ-02:NDD:PHC State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 45 of 45 4 State vs. Mohd. Faridul Islam FIR No. 32/2013 PS: Special Cell Page no. 46 of 45 4